Legal Question in Real Estate Law in Utah
getting name off of a co-signed mortgage
An aunt talked me into co-signing a mortgage with her last year, so she could get into her own home. I now want to move out into a place of my own, but need to get my name off of her mortgage first. How can I legally get my name removed from the mortgage so I can find a home of MY own?
1 Answer from Attorneys
Re: getting name off of a co-signed mortgage
Hello,
Absent some unusual circumstance, such as you having been legally incompetent (e.g., you were under age 18, mentally ill, under duress, etc.) to enter into a contract when you co-signed, you can get your name removed as a co-obligor only with the consent of the lender (or current holder of the mortgage), which will not likely be granted.
Talk to several loan brokers to see what your financial situation looks like to them. Having co-signed may not be as detrimental to your current desire as you may think. You may also see if your aunt will refinance--she may be able to refinance with only her own signature (or with some other co-signer) so that you would no longer have that contingent obligation.
Good luck!